People v. Blount CA5

INTRODUCTION

On April 10, 2012, three males broke into the residence of Sue Lopez and her adult daughter, Sarah Andrews. Andrews confronted the males inside the home, and they fled. Law enforcement arrived around the same time, and appellants Tyrin Lee Blount, Clifford Jackson, Jr. and Franklin Lamar Randle1 were discovered and arrested shortly thereafter in the vicinity of the Lopez residence. Appellants were tried together before a jury, and each was found guilty of felony burglary (Pen. Code, § 460, subd. (a)),2 and promoting felony street gang conduct (§ 186.22, subd. (a)). On appeal, appellants raise collectively and individually seven issues. First, law enforcement had Lopez and Andrews identify appellants on the morning of their arrests. Appellants contend these field showups were “impermissibly suggestive” and tainted the trial identifications.

Blount, Jackson and Randle will be referred to collectively as appellants or else identified individually by name. All future statutory references are to the Penal Code unless otherwise noted.

2. Second, during various booking procedures, appellants made respective admissions of gang affiliation (with the Crips…